Estate Disputes

The administration of estates is not always straightforward. Estates might have a complex tax or international element or they might include a number of properties or trust assets, or they might simply require a significant amount of time and specialist knowledge to deal with.  It is not surprising that issues often arise within the context of their administration.

Administration issues

Typical issues that might arise include:

• Delays in administering the estate
• A refusal by executors/personal representatives in obtaining a letters of Grant of Probate/ administration
• Incorrect distributions being made
• A lack of clarity as regards to the terms of a Will or of a trust
• How to approach a potential claim against the estate
• Whether executors are entitled to make a distribution
• A failure by a trustee to fulfil their duties incorrectly or fraudulently, causing loss to the estate or to a beneficiary

How can we help?

We help to advise executors and beneficiaries as to how to approach issues surrounding the administration of estate disputes and how those issues can be managed.  In most circumstances, that can be achieved without going to Court.  For example, an agreement may be reached by way of negotiation or mediation.

Sometimes it is necessary to make applications to the Court.  Such applications might include asking for Court directions as to the administration of an estate, appointing or replacing an executor, or authorising executors to undertake a particular course of action.

We also regularly provide specialist advice to solicitors who may not have the necessary expertise in dealing with particular issues that arise during the administration of an Estate.

If you would like more information about the above, please contact a member of our team and who will be happy to assist.